Divorce, other half's solicitor and financial disclosure

Divorce, other half's solicitor and financial disclosure

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rdhawkins

Original Poster:

322 posts

283 months

Tuesday 22nd July 2014
quotequote all
I'm in the process of sorting things out with my ex wife, we've been separated for a while and now we need to formalise a few things.

There's quite a lot of previous history which I won't bore people with so I'll cut to the current issue.

I'm paying her maintenance per month but have indicated that this is sometimes hard financially for me. I've had some correspondence from her solicitor threatening to take me to court if I don't keep up the payments, I responded (directly to them, not via a solicitor) because they had got my salary and level of bonus's that I get wrong, I didn't tell them my actual salary of bonuses. They have written back asking for copies of previous P60's, pay slips etc. to back this up.

So am I obliged to supply these to her solicitor give that I am still paying the maintenance? I'm all for full financial disclosure (and what I've told them is true and accurate) but I don't want to give them anything I don't have to. It feels like they are trying it on a bit as I'm not using a solicitor. I have a solicitor but at £240+VAT per visit I can't afford to go and see him at the moment.

thanks
Rob

PurpleMoonlight

22,362 posts

157 months

Tuesday 22nd July 2014
quotequote all
Is this spousal maintenance or child maintenance?

If spousal maintenance is there any interim court order for this?

If not, it's voluntary so tell them to jog on.

rdhawkins

Original Poster:

322 posts

283 months

Tuesday 22nd July 2014
quotequote all
Its to cover her and the kids and is more than the CSA say I should pay (plus I pay everything on the family home still).

I'm thinking that if I started paying less maintenance then they could take me to court and the court would request to see what I earn and previous bonuses etc. As I am still paying the maintenance and its just her solicitor then I think they can jog on too.


arfur

3,871 posts

214 months

Tuesday 22nd July 2014
quotequote all
If they have issued a financial disclosure form you have to fill it in completly and provide P60/Account statements etc etc...

So does she

If the Maint you are paying is not part of any current court order then they cannot force the issue at this stage. She could ask the CSA to come at you, but that's up to her. The process to get to court is long ... and sodding expensive so if you can avoid it that would be a lot cheaper.

Not a sol .. but have gone through this in a very expensive way in the last couple of years

rdhawkins

Original Poster:

322 posts

283 months

Tuesday 22nd July 2014
quotequote all
Thanks for the replies, it isn't anything official, they have just asked. As I say, I expect they are trying it on a bit at the moment.

It will be interesting when we do have to a full disclosure as I believe my ex has been less than transparent in the past.

Hopefully it won't go to court, ex is having chemo at the moment so doubt it would look good for me, she and her solicitor have been labouring the point about how unwell she is too.

Kaelic

2,686 posts

201 months

Tuesday 22nd July 2014
quotequote all
Trying it on if its voluntary contributions you are making.

If they are not happy with them tell them they can see you in court. Dont be afraid of the CSA either, my ex-wife tried to threaten me with all this too (well her solicitors did) and ended up costing their client a lot of money she would have had smile


PurpleMoonlight

22,362 posts

157 months

Tuesday 22nd July 2014
quotequote all
Her solicitor could only make an application for interim spousal maintenance at this stage. Given that you are paying CM and the housing costs, I suspect that would fail.

Does she have any income of her own or do you and the Government provide 100%?


PurpleMoonlight

22,362 posts

157 months

Tuesday 22nd July 2014
quotequote all
The CSA is winding down and no longer accept new cases.

Parents can use the Child Maintenance Service as a last resort, but they encourage parents to pay direct which the OP is already doing.

rdhawkins

Original Poster:

322 posts

283 months

Tuesday 22nd July 2014
quotequote all
My contributions are voluntary, she doesn't have an income (or claim anything) so its all on me at the moment.

Think I'll politely decline at the moment.

Thanks
Rob

PurpleMoonlight

22,362 posts

157 months

Tuesday 22nd July 2014
quotequote all
rdhawkins said:
My contributions are voluntary, she doesn't have an income (or claim anything) so its all on me at the moment.

Think I'll politely decline at the moment.

Thanks
Rob
Not even Child Allowance?

Why not?

rdhawkins

Original Poster:

322 posts

283 months

Tuesday 22nd July 2014
quotequote all
Sorry, yes she's getting child benefit/allowance for the kids but my salary is over the threshold so it gets claimed back through my tax return anyway.

Rob

CaptainSlow

13,179 posts

212 months

Tuesday 22nd July 2014
quotequote all
rdhawkins said:
Sorry, yes she's getting child benefit/allowance for the kids but my salary is over the threshold so it gets claimed back through my tax return anyway.

Rob
Isn't it based on household income? Are you still living together?